Boswell v. Chalmers
Superior Court of Pennsylvania
Appeal, No. 141, Oct. T., 1919, by defendant, from judgment of C. P. No. 5, Phila. County, Dec. T., 1918, No. 1697, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Arthur Boswell, agent for Sarah Lockrey, v. Charles Chalmers and Frank J. Fanning, trading as Chalmers & Fanning Motor Company. Assumpsit for rent accrued under lease. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute the rule.
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Appeal, No. 141, Oct. T., 1919, by defendant, from judgment of C. P. No. 5, Phila. County, Dec. T., 1918, No. 1697, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Arthur Boswell, agent for Sarah Lockrey, v. Charles Chalmers and Frank J. Fanning, trading as Chalmers & Fanning Motor Company. Assumpsit for rent accrued under lease. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute the rule. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Trexler, J.,
The lower court entered judgment for want of a sufficient affidavit of defense. The suit was brought for rent accruing after defendants had vacated the premises. The lease was for one year. It provided for a written notice to be given three months prior to the expiration of the term. The defendant who takes this appeal asserts that the tenancy expired August 10, 1911, that the notice of removal was given verbally by defendants’ agents, naming them, to the landlord on several occasions, all prior to May 11, 1911, a date three months prior to the end of the current term;…
2Cases cited4 opinions
- Lackawanna Trust Co. v. CarlucciSupreme Court of Pennsylvania · 1919
- Smith v. SnyderSupreme Court of Pennsylvania · 1895
- Kiester v. MillerSupreme Court of Pennsylvania · 1855
- De Morat v. FalkenhagenSupreme Court of Pennsylvania · 1892
3Cited by2 opinions
- Friend, Conservator v. KuhnSupreme Court of Pennsylvania · 1934
- Gold v. Fox Film Corp.Supreme Court of Pennsylvania · 1931